Enabling statute

Ohio

Ohio Revised Code Chapter 713 (Planning Commissions / Municipal Zoning), Chapter 519 (Township Zoning), and Chapter 303 (County Rural Zoning); home-rule authority under Ohio Constitution Article XVIII
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Summary

Ohio is a local-delegation, home-rule state with no statewide zoning code; zoning power is exercised by municipalities, counties (over unincorporated territory), and townships. Municipal corporations zone under Ohio Revised Code Chapter 713 (§§ 713.06–713.07), under which a planning commission frames a districting plan and the legislative authority then regulates the location and use of buildings and premises; chartered municipalities also draw independent zoning power from the home-rule provision of Ohio Constitution Article XVIII, Section 3. County commissioners may zone unincorporated territory under Chapter 303 (§ 303.02), and township trustees may zone unincorporated township territory under Chapter 519 (§ 519.02), both following Standard State Zoning Enabling Act lineage and requiring comprehensive plans and (typically) voter approval of the initial zoning resolution. Where county and township zoning overlap, § 519.22 provides that earlier-approved county rural zoning takes precedence unless voters replace it. The municipal Chapter 713 grant is the closest single analog to the classic enabling act, but Ohio's authority is genuinely split across these three local layers.

The delegation

§ 713.06 (Division of municipal corporation into zones): "The planning commission of any municipal corporation may frame and adopt a plan for dividing the municipal corporation or any portion thereof into zones or districts, representing the recommendations of the commission, in the interest of the public health, safety, convenience, comfort, prosperity, or general welfare, for the limitations and regulation of the height, bulk, and location, including percentage of lot occupancy, set back building lines, and area and dimensions of yards, courts, and other open spaces, and the uses of buildings and other structures and of premises in such zones or districts." § 713.07 (Restriction in location of buildings and structures): "Whenever the planning commission of any municipal corporation or any board or officer with city planning powers, whether such commission, board, or officer is created by statute or municipal charter, certifies to the legislative authority of the municipal corporation any plan for the districting or zoning thereof according to the uses of buildings and other structures and of premises, such legislative authority, in the interest of the promotion of the public health, safety, convenience, comfort, prosperity, or general welfare, may regulate and restrict the location of buildings and other structures and of premises to be used for trade, industry, residence, or other specified uses, and for such purposes may divide the municipal corporation into districts of such number, shape, and area as are best suited to carry out the purposes of this section. Regulations may be imposed for each of such districts, designating the kinds or classes of trades, industries, residences, or other purposes for which buildings or other structures or premises may be permitted to be erected, altered, or used subject to special regulations." § 519.02(A) (Township zoning — grant of power): "...the board of township trustees may regulate by resolution, in accordance with a comprehensive plan, the location, height, bulk, number of stories, and size of buildings and other structures, including tents, cabins, and trailer coaches, percentages of lot areas that may be occupied, set back building lines, sizes of yards, courts, and other open spaces, the density of population, the uses of buildings and other structures including tents, cabins, and trailer coaches, and the uses of land for trade, industry, residence, recreation, or other purposes in the unincorporated territory of the township... For all these purposes, the board may divide all or any part of the unincorporated territory of the township into districts or zones of such number, shape, and area as the board determines. All regulations shall be uniform for each class or kind of building or other structure or use throughout any district or zone, but the regulations in one district or zone may differ from those in other districts or zones." § 303.02(A) (County rural zoning — grant of power): "...the board of county commissioners may regulate by resolution, in accordance with a comprehensive plan, the location, height, bulk, number of stories, and size of buildings and other structures, including tents, cabins, and trailer coaches, percentages of lot areas that may be occupied, set back building lines, sizes of yards, courts, and other open spaces, the density of population, the uses of buildings and other structures including tents, cabins, and trailer coaches, and the uses of land for trade, industry, residence, recreation, or other purposes in the unincorporated territory of such county... For all these purposes, the board may divide all or any part of the unincorporated territory of the county into districts or zones of such number, shape, and area as the board determines. All regulations shall be uniform for each class or kind of building or other structure or use throughout any district or zone, but the regulations in one district or zone may differ from those in other districts or zones."

Verification

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All elements verified against the official Ohio Laws site (codes.ohio.gov) and Justia. (a) Real, current statutes: - ORC § 713.06 (planning commission frames/adopts a districting plan) and § 713.07 (legislative authority regulates location/use of buildings and premises) are in effect (eff. Oct. 1, 1953), Chapter 713 "Planning Commissions" under Title VII Municipal Corporations. Quoted text matches the claim's description. - ORC § 303.02 is the county rural zoning enabling provision: board of county commissioners "may regulate by resolution, in accordance with a comprehensive plan ... in the unincorporated territory of the county" (Chapter 303, County Rural Zoning). Current. - ORC § 519.02 is the township zoning enabling provision: board of township trustees "may regulate by resolution, in accordance with a comprehensive plan ... in the unincorporated territory of the township" (Chapter 519, Township Zoning). Current. - Ohio Const. art. XVIII, § 3 grants municipalities "all powers of local self-government" and local police/regulatory power not in conflict with general laws (home rule). Confirmed. (b) Genuine zoning enabling authority: Confirmed for all three local layers (municipal Ch. 713, county Ch. 303, township Ch. 519) plus constitutional home rule for chartered/all municipalities. Ohio has no statewide zoning code. (c) Authority model accurate: county_and_municipal home rule plus townships is correct — Ohio splits zoning across municipalities, counties (unincorporated territory), and townships (unincorporated territory). Precedence claim checked and CORRECT: § 519.22 provides that where county rural zoning was approved first, "the zoning resolution adopted by the board of county commissioners shall take precedence over the zoning resolution adopted by the board of township trustees," subject to voter override. This matches the claim's statement that earlier-approved county rural zoning takes precedence unless voters replace it. (Note: the parallel § 303.22 covers the inverse situation where township zoning was approved first.) No errors found in citation, title, authority model, or summary.